HomeMy WebLinkAbout05/07/1996, 2 - REVISIONS TO MUNICIPAL CODE CHAPTER 5.20 - REGULATIONS GOVERNING TAXICABS AND DRIVER'S PERMITS Q��MII�MIWIIIIIIIVI�IIUIII "1 r san lui s OBISPO MEETING DAT
c� o '�/7/96
COUNCIL AGENDA REPORT nW NUM
FROM: James M. Gardiner lIL9 PREPARED BY: Bart Topham
Chief of Police Captain
SUBJECT: Revisions to Municipal Code Chapter 5.20 — Regulations governing
Taxicabs and Driver's Permits
RECOMMENDATION: 1) Introduce ordinance to print adopting revisions governing
taxicab and driver's permits, and
2) Adopt resolution establishing fee for renewal of taxicab
driver's permit.
DISCUSSION:
On January 1, 1996, State regulations went into effect requiring that local jurisdictions,
who govern taxicabs, include in their regulations provisions requiring regular drug testing.
This amended ordinance incorporates those requirements and updates our local
regulations.
In addition, we are eliminating two existing provisions requiring residency for drivers and
personal testing of each applicant about his or her knowledge of the ordinance. Research
indicates these kinds of requirements are no longer in use by other jurisdictions, and we
have no practical need for them. We are adding an annual driver's permit requirement in
order to comply with testing and to enhance public safety by enabling regular driver
testing/status checks. Finally, the grounds for denial of a permit or revocation of an
existing permit have been modified to include notice of the reasons for denial or
revocation.
CONCURRENCES:
The City Attorney's Office and the Transportation Division concur with these
recommendations.
FISCAL E14PACT:
This will have a minor positive fiscal impact by adding annual renewal fees for permit
holders as their renewal dates occur. We estimate six to ten renewals per year. The
resolution will become effective concurrent with the ordinance.
ATTA CE311ENTS:
1. Ordinance.
2. Legislative draft
3. Resolution
ORDINANCE NO. (1996 Series)
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
SAN LUIS OBISPO AMENDING CHAPTER 5.20 OF
THE SAN LUIS OBISPO MUNICIPAL CODE
REGARDING REGULATIONS OF TAXIS
AND TAXI DRIVER PERMITS
WHEREAS, on January 111996, Government Code Section 53075.5
went into effect requiring that local jurisdictions who govern
taxicabs, include in their regulations provisions requiring regular
drug testing; and
WHEREAS, amendments to Sections 5.20.210 through 5.20.250 are
deemed necessary to provide requirements to comply with mandatory
drug testing and to enhance public safety by enabling the City to
conduct regular driver testing/status checks; to eliminate
unnecessary testing regarding the ordinance; and, to modify the
reasons for denial or revocation of taxi driver permits; and
WHEREAS, the City Council held a public hearing and received
public input about the proposed amendments.
NOW THEREFORE, BE IT ORDAINED by the Council of the City of
San Luis Obispo as follows:
SECTION 1. Sections 5.20.210 through Section 5.20.250 of the
San Luis Obispo Municipal Code is hereby amended to read as
follows:
5.20.210 Driver's permit required--
Application.
A. No person shall drive or operate any of the vehicles
mentioned in Section 5.0.010 without first obtaining a permit in
writing to do so from the chief of police, or any person designated
by him. Permit issued will entitle the driver to work for only
those employers whose name appears on the permit. A new permit
will be required for each subsequent employment; provided, however,
that no application shall be necessary other than a ratification of
change of employment and proof of a negative test as specified in
subsection (C) (4) below.
B. Any application for a driver's permit shall be
accompanied by a fee as set by resolution of the Council. The
application fee shall be used to defray, in whole or in part, the
city and/or state costs of investigation and review of the
application.
C. Applicants for such permits shall file applications
therefor with the chief of police. The application shall contain
the following information together with three pictures of the
applicant:
ordinance No. (1996 Series)
Page Two
1. Name, marital status, age, residence, last previous
address, and the length of residence at such last address and in
the city;
2. The names and addresses of two residents of the city
acquainted with the applicant;
3. Complete fingerprinting of applicant.
4. Proof of a negative test for controlled substances and
for alcohol which complies with the requirements set forth in
Government Code Section 53075.5.
5. The name of the driver's employer or prospective
employer.
6. All criminal convictions.
D. The application will not be processed by the chief of
police or his designee until the application is complete and all of
the. required information has been submitted.
E. No permit shall be issued to any of the following
persons:
1. Any person under the age of twenty-one years;
2. Any person not a citizen of the United States or who has
not lawfully declared his intention to become such;
3. Any person who has been convicted of a felony or a crime
involving moral turpitude; pandering, using, possessing, selling or
transporting narcotics; or imparting information for obtaining
narcotics;
4. Any person who has been convicted of driving a vehicle
recklessly or while under the influence of intoxicating liquors or
narcotics;
5. Any person not possessing a valid chauffeur's license
issued by the state. .
6. Any person convicted of violating any provisions of this
chapter or any similar ordinance of another public agency.
7. Any person who has made a. material misstatement in the
permit application.
8. Any person who has had two or more convictions of
misdemeanor hit and run, or speed violations as set forth in the
Vehicle Code of the state occurring during any consecutive period
not exceeding twelve months.
F. Any person whose application has been denied may appeal
that denial in accordance with the provisions set forth in Section
5.20.250.
5.20.220 Renewal of Driver's Permit.
A driver's permit shall be renewed annually. The renewal fee
shall be set by resolution of the Council and shall be used to
defray, in whole or in part, the city and/or state costs of
investigation of the renewal. Prior to renewal, each driver shall
submit proof of a negative test for controlled substances and for
alcohol which complies with the requirements set forth in
Government Code Section 53075.5. The driver's permit shall be
,v2-3.
Ordinance No. (1996 Series)
Page Three
renewed unless any of the grounds for revocation set forth in
Section 5.20.240 exist.
5.20.230 Revocation of driver's permit.
The chief of police may revoke or refuse to renew an
operator's license if the driver or applicant has since the
granting of his permit:
A. . Been convicted of a felony or a crime involving moral
turpitude; pandering, using, possessing, selling or transporting
narcotics; or imparting information for obtaining narcotics;
B. Been convicted of driving recklessly or while under the
influence of liquors or narcotics;
C. Had his state driver's or chauffeur's license revoked or
suspended;
D. Had two or more convictions of misdemeanor hit and run,
or speed violations as set forth in the Vehicle Code of the state
occurring during any consecutive period not exceeding twelve
months;
E. Failed to submit proof of a negative test for controlled
substances and alcohol as required in Section 5.20.220.
F. Been convicted of violating any of the provisions of this
chapter.
5.20.240 Driver's permit application denial or driver's
Permit revocation -- Appeal.
Any person whose application for a driver's permit has been
denied or any driver whose permit has been revoked pursuant to
Section 5.20.240 by the chief of police may, within ten days of
such revocation, file an appeal from such denial or revocation with
the council, and a hearing shall be held before the council on such
revocation. If, in the opinion of the council, the denial or
revocation is not justified from the evidence submitted to it at
such hearing, .the permit shall be issued or reinstated. If, upon
the hearing, it shall appear that good cause exists therefor, the
council shall affirm the action of the chief of police and order
the denial or permanent revocation of the permit. The action of
the council on such a revocation shall be final and conclusive.
Pending such hearing, it is unlawful for such person or driver to
operate a taxicab within the city.
5.20.245 Re-application upon positive test for
Controlled Substances and Alcohol
Any person whose permit application is denied or whose permit
is revoked based on his or her failure to submit proof of a
negative test for controlled substances and alcohol may re-apply
for a driver's permit after a period of one year from the date of
the permit denial or revocation. Evidence of the absence of drug
Ordinance No. (1996 Series)
Page Four
dependency from a substance abuse professional and proof of a
negative drug and alcohol test will be required prior to re-
application.
5.20.250 Return of driver's permit upon
termination of employment.
The driver shall notify the chief of police of his termination
of employment with the listed employer and shall return the
driver's permit to the chief of police. The driver's permit shall
become null and void upon the driver's termination of employment.
SECTION 2. A synopsis of this ordinance, approved by the City
Attorney, together with the ayes and noes, shall be published once
in full, at least three (3) days prior to its final passage, in the
Telegram-Tribune, a newspaper published and circulated in said
city, and the same shall go into effect at the expiration of. thirty
(30) days after its said final passage. A copy of the full text of
this ordinance shall be on file in the office of the City Clerk on
and after the date following introduction and passage to print and
shall be available to any interested member of the public.
On motion of seconded by
and on the following roll call vote:
Ayes:
Noes:
Absent:
the foregoing ordinance was introduced to print this day of
May, 1996.
Mayor Allen K. Settle
ATTEST:
City Clerk
APPROVED:
t rn•
02
Legislative Draft
Chapter 5.20
5.20.210 Driver's permit required--
Application.
A. No person shall drive or operate any of the vehicles
mentioned in Section 5.0.010 without first obtaining a permit in
writing se to do from the chief of police, or any person
designated by him. `"hermit issued will entitle the driver to work
for onlythose Yom" j.".
?`2, �lE� � whose name appears on the permit. Anew
permit will be require for each subsequent employment; provided,
however, that no application shall be necessary other than a
ratification of char " A` F ". `.`."."� A.
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Applicants for such permits shall file applications
therefor with the chief of police. The application shall contain
the following information together with
fee 'and three pictures of the applicant:
1. Name, marital status, age, residence, last previous
address, and the length of residence at such last address and in
the city;
2. The names and addresses of two residents of the city
acquainted with the applicant;
3. Complete fin erprintin( of au licant.
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�o "permit shall ""be issI any of the following
persons:
1. Any person under the age of twenty-one years;
2. Any person not a citizen of the United States or who has
not lawfully declared his intention to become such;
3. Any person who has been convicted of a felony or a crime
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narcotics;
5. Any person not possessing a valid chauffeur's license
issued b the state.
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�. W23 Revocation of driver's permit.
The chief of police may revoke or .refuse to renew an
operator's license if the driver or applicant has since the
granting of his permit:
A. Been convicted of a felony or a crime involving moral
turpitude; pandering, using, possessing, .selling or transporting
narcotics; or imparting information for obtaining narcotics;
B. Been convicted of driving recklessly or while under the
influence of liquors or narcotics;
.2•-7
C. Had his state driver's or chauffeur's license revoked or
suspended;
D. Had two or more convictions of misdemeanor hit and run,
or speed violations as set forth in the Vehicle Code of the state
occurring during any consecutive period not exceeding twelve
months*
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e council on such revocation. If, in the opinion of the council,
the `':,, : .N-MM' :. revocation is not justified from the evidence
submi e'd o it ast such hearing, the permit shall ben cc,
reinstated. If u on the hearing, it shall ` "
P g, appear that goo cause
exists therefor, the council shall affirm the action of the chief
of police and order the C l ° s1, permanent revocation of the
permit. The action of the coun .. on such a revocation shall be
final and conclusive._ Pending such hearing and- reinstatementit
is unlawful for such n driver to operate a taxicab within
the city..
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RESOLUTION NO. (1996 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN LUIS OBISPO SETTING FORTH THE AMOUNT OF NON-REFUNDABLE
FEE FOR RENEWAL OF TAXICAB DRIVERS PERMrr
WHEREAS, the Municipal Code of the City of San Luis Obispo authorizes establishing
various fees for the delivery of municipal services; and
WHEREAS, Ordinance No. amending Chapter 5.20 of the Municipal Code
of the City of San Luis Obispo,was made available for public inspection and review ten days
prior to a public hearing held on this matter on May 7, 1996; and
WHEREAS, Section 5.20.220 of the Municipal Code of the City of San Luis Obispo provides
for the setting of a non-refundable fee for processing an application for renewal of a taxicab
driver's permit;
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San Luis
Obispo that:
SECTION 1. A non-refundable fee in the amount of $23.00 (twenty-three dollars) be
established for the investigation of a taxicab driver wishing to renew his permit.
SECTION 2. This fee will be effective concurrent with Ordinance No. and
will be adjusted annually on July 1 of each year by the annual percentage change in the U.S.
Bureau of Labor Statistics (or successor agency) consumer price index for all urban
consumers (CPI-U) all-cities average for the prior calendar year.
Upon motion of seconded by
and on the following roll call vote:
AYES:
NOES:
ABSENT:
the foregoing resolution was adopted this day of
1996.
2-9
Resolution No.
Page 2.
Mayor.Allen K: .Settle
ATTEST:
Asst. City Clerk Kim Condon---
APPROVED
ondonAPPROVED AS TO FORM:
#7o
ego r en --